Point of Law: Judicial Review - The power of judicial review available to the High Court as also to this Court under the Constitution takes in its stride the domestic enquiry as well and it can interfere with the conclusions reached therein if there was no evidence to support the findings or the findings recorded were such as could not have been reached by an ordinary prudent man or the findings were perverse or made at the dictate of the superior authority.

ORDER :

1. Being aggrieved and dissatisfied with issuance of Notification dated 23.3.2012, Annexure A-1, whereby services of the petitioner came to be terminated on account of willful absence, petitioner approached erstwhile Himachal Pradesh Administrative Tribunal by way of OA No. 1482 of 2015, which now on account of abolishment of learned Tribunal below, stands transferred to this court and re-registered as CWPOA No. 5208 of 2019 praying therein for following relief-

“(i) That the impugned Notification dated 23.3.2012 (Annexure A-1) may kindly be quashed and set aside and the applicant be reinstated into service with all consequential benefits.”

2. For having birds’ eyes, certain facts relevant for adjudication of the case at hand, are that the petitioner after having completed MBBS joined as Medical Officer at Primary Health Centre Khundian under Rogi Kalyan Samiti on 4.2.2009 on contract basis. However, her services were regularized vide Himachal Pradesh Government Notification dated 4.1.2012 (Annexure A-2). Petitioner applied for no objection certificate for appearing in examination conducted by PGI MER Chandigarh for post graduation. Block Medical Officer Jawalamukhi, while acceding to the request made by the petitioner, issued no objection certificate to the petitioner vide letter No. 1363 dated 16.9.2011 (Annexure A-3). Petitioner after selection in PG course in General Surgery Department in PGI Medical Education and Research Chandigarh, requested respondent Department for grant of study leave enabling her to pursue higher studies in MS General Surgery vide letter dated 12.1.2012 (Annexure A-4) and handed over charge as per rules. Petitioner informed the Department about her having joined at PGI Medical Education and Research, Chandigarh vide letter dated 21.1.2012 (Annexure A-5) and requested to grant her study leave/ Extra Ordinary Leave, as per service norms. However, respondents, instead of considering the request of petitioner for grant of leave/ Extra Ordinary Leave., proceeded to terminate her services vide Notification dated 23.3.2012 (Annexure A-1) with effect from 12.1.2012 i.e. from the date, she allegedly remained absent from duty at her own will and joined new assignment at PGI MER Chandigarh. Petitioner, vide representation dated 16.4.2012, (Annexure A-6), requested respondents to revoke termination order and reinstate her, however no heed was paid to her request. Petitioner kept on reminding the respondents by sending reminders to the respondents to cancel termination order dated 23.3.2012 and in that regard, last reminder was sent to Additional Chief Secretary (Health) on 22.2.2015 (Annexure A-7). Office of Additional Chief Secretary (Health) wrote a letter dated 12.11.2014 (Annexure A-8) to respondent No.2 to examine the matter in accordance with the Rules/Regulations in vogue andd complete proposal in a self contained note be sent to said office, enabling it to proceed further in the matter accordingly. Respondent No.2 issued letter dated 11.2.2015 (Annexure A-9) to Additional Chief Secretary (Health) to consider the case of the petitioner.

3. Interestingly, respondent No.2 apprised Additional Chief Secretary (Health) vide communication dated 7.3.2015, (Annexure A-10), enclosing therewith copy of no objection certificate issued by Block Medical Officer, Jawalamukhi, that the said Block Medical Officer was not competent to grant no objection certificate to the petitioner, as a consequence of which, request of the petitioner for revocation of termination was not considered. Being aggrieved and dissatisfied with aforesaid action of termination of services of the petitioner, she approached erstwhile Himachal Pradesh Administrative Tribunal, praying therein for the relief, as reproduced above, on the ground that once, Block Medical Officer had issued no objection certificate permitting her to participate in examination of MS General Surgery at PGI MER Chandigarh, there was no occasion for the Department t